High Court to convene tonight to deal with Pearse Doherty review application

29 May 2012

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A special sitting of the High Court will convene at 8pm to hear an application for a judicial review lodged by Sinn Féin’s Pearse Doherty TD.

A special sitting of the High Court will convene at 8pm to hear an application for a judicial review lodged by Sinn Féin’s Pearse Doherty TD.

The application for a judicial review in relation to Referendum Commission assertions that the opportunity for a veto on the ESM was now gone, was lodged earlier today.

Pearse Doherty, finance spokesperson for Sinn Féin, has welcomed the decision of the High Court to hold the special sitting to hear his application in relation to the Referendum Commissions comments on May 3rd that the government no longer had a veto in relation to the ESM.

Deputy Doherty said: “It is our belief that the Referendum Commission erred in fact and law when they made a statement on May 3rd that the government no longer had a veto in relation the ESM.

“This statement has been used repeatedly, by advocates of the Treaty as one of their key reasons for a yes vote. This is despite the fact that the Referendum Commission qualified their position on May 18.

“However, the failure of the Referendum Commission to retract the original statement and to adequately publicise their subsequent clarification has meant that the incorrect account of the matter has continued to be quoted widely.

“I welcome the fact that Judge Hogan has mentioned the possibility of a telescopic hearing which could lead to the substantive issues being dealt with tonight.

“Sinn Féin is absolutely certain of our view that Ireland will continue to have access to emergency funding regardless of the outcome of the referendum.”

Sinn Féin President Gerry Adams this morning confirmed that Pearse

Doherty’s legal team wrote to the Referendum Commission on Friday

challenging the Commission’s assertion in relation to the veto.

In an earlier statement, Sinn Féin confirmed a Judicial Review was lodged in the courts this morning.

This morning Deputy Doherty stated: “This is a matter of central importance to the referendum. We are looking for the Referendum Commission to acknowledge that the Government is legally at liberty to withhold ratification of the Article 136 amendment to the EU treaties.

“My legal team lodged a Judicial Review this morning - proceedings have been adjourned and will be heard this evening.”

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